No. 13620.

302 F.2d 71 (1962)

James C. SIMMONS, Appellant, v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided April 13, 1962.

Attorney(s) appearing for the Case

James C. Simmons, pro se.

David M. Satz, Jr., U. S. Atty., Frank J. Ferry, Asst. U. S. Atty., Newark, N. J., for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and FORMAN, Circuit Judges.

FORMAN, Circuit Judge.

John C. Simmons, the appellant herein, was indicted in the United States District Court for the District of New Jersey, with John Gregory Marion, on two counts for violation of the narcotic laws. 21 U.S.C.A. § 174 and 26 U.S.C.A. § 4705(a). He pleaded not guilty and was tried alone to the court and a jury.

At the trial two Treasury Agents of the Bureau of Narcotics testified in substance that they made the acquaintance of the...

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